The Marine Strategy Regulations 2010

Public participation U.K.

18.—(1) The competent authority must consult the public to ensure the public is given an early opportunity to participate in the preparation, modification or review of any—

(a) monitoring programmes required by regulation 13; or

(b) programme of measures required by regulation 14.

(2) The Secretary of State must consult the public to ensure the public is given an early opportunity to participate in the preparation, modification or review of any—

(a) assessment required by regulation 10;

(b) determination of good environmental status required by regulation 11; or

(c) environmental targets and indicators required by regulation 12.

(3) The competent authority [F1 , when consulting under paragraph (1), and the Secretary of State, when consulting under paragraph (2),] must—

(a) inform the public as to [F2 the proposal], including a summary of the relevant element of the marine strategy mentioned in paragraph (1) or (2), any relevant background information, and the right of the public to participate in the relevant decision-making process;

(b) specify the means by which the public can participate in the consultation, including an address for responses, and a reasonable timescale for the consultation; and

(c) take account of the consultation responses in making any relevant decision.

(4) The competent authority [F3 or the Secretary of State, as the case may be,] must take such steps as they [F4 respectively] consider appropriate to secure that the proposals contained in the consultation draft are brought to the attention of the public, including any persons appearing to the relevant authorities to be likely to be interested in, or affected by, the proposed policies.

(5) If the consultation [F5 under paragraph (1)] includes proposals relating to retained functions, it may be published only with the agreement of the Secretary of State.

(6) If the consultation [F6 under paragraph (1) or (2)] includes proposals relating to devolved functions, it may be published only with the agreement of the relevant devolved policy authority.

(7) [F7 After taking any decision in relation to a proposal following a consultation on that proposal, the competent authority or the Secretary of State, as the case may be, must publish a report in respect of that decision, which must—]

(a) inform the public of that decision;

(b) provide information as to the reasons and considerations on which that decision is based; and

(c) provide a statement of the steps taken by the competent authority, or the Secretary of State (as the case may be) to comply with paragraphs (1) to (4), as appropriate.

(8) For the purpose of this regulation, “the public” includes the OSPAR Commission [F8 (the Commission established by Article 10 of the Convention for the Protection of the Marine Environment of the North-East Atlantic)] and any other interested organ of an international organisation.

Textual Amendments

F1 Words in reg. 18(3) inserted (31.12.2020) by The Marine Environment (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1399), regs. 1, 3(10)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in reg. 18(3)(a) substituted (31.12.2020) by The Marine Environment (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1399), regs. 1, 3(10)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in reg. 18(4) inserted (31.12.2020) by The Marine Environment (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1399), regs. 1, 3(10)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F4 Word in reg. 18(4) inserted (31.12.2020) by The Marine Environment (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1399), regs. 1, 3(10)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in reg. 18(5) inserted (31.12.2020) by The Marine Environment (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1399), regs. 1, 3(10)(c); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in reg. 18(6) inserted (31.12.2020) by The Marine Environment (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1399), regs. 1, 3(10)(d); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in reg. 18(7) substituted (31.12.2020) by The Marine Environment (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1399), regs. 1, 3(10)(e); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in reg. 18(8) inserted (31.12.2020) by The Marine Environment (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1399), regs. 1, 3(10)(f); 2020 c. 1, Sch. 5 para. 1(1)